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• 38 (1) This section and section 39 do not apply to a class or type of device referred to in subsection 4(1) or to a device used in a trade transaction referred to in section 7.

• (2) Where a trader installs or causes to be installed for use in trade

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  the trader shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the following information:

  • (c) the name and address of the trader;

• (3) If a device described in subsection (2) has been removed from its installation and is installed again, the trader who owns the device or has it in their possession for use in trade shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the information required by subsection (2) and the address and description of the place where the device was previously installed.

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• 7 (1) Subject to subsection (2), section 8, subsection 15(1), section 23, paragraph 24(b) and section 33 of the Act do not apply in respect of a trade transaction if the parties give written notice to the Minister that

  • (a) a device approved for use in trade or approved for use in the particular manner or for the particular purpose contemplated by them is not available to them for use in their intended trade transaction;

  • (b) they wish to use in their intended trade transaction a device other than one referred to in paragraph (a); and

  • (c) it would be impractical or unreasonably expensive to obtain approval for the class, type or design of device that they wish to use in their intended trade transaction or to comply with the examination requirement under paragraph 8(b) or subsection 15(1) of the Act.

• (2) A trade transaction referred to in subsection (1) is not exempt from the provisions of the Act referred to in that subsection unless

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  • (c) the parties have entered into a written contract not exceeding three years in duration respecting the use of the device that the parties wish to use in the intended trade transaction showing

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29.1 For the purpose of subsection 15(2) of the Act, the Minister may grant to a trader an extension of a period established under subsection 29(1) if

• (a) the trader sends to the nearest Measurement Canada office a written request containing

  • (i) the trader’s name and address,

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  • (vi) a description of the purpose for which the device is used, sufficient to determine the category of trade in which it is used,

• (b) the trader establishes that circumstances beyond their control make it impossible to have the device examined within the period; and

• (c) the trader has not previously been granted an extension of the period.

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2.1 The following definitions apply in this Part and in Schedule I.

downstream petroleum trade

downstream petroleum trade means the trade of refined petroleum products and liquid alternative fuels between petroleum refineries, gas processing facilities, wholesalers, retailers and commercial customers. (commerce pétrolier aval)

retail food trade

retail food trade means the retail trade of food by retail food stores, including grocery stores, supermarkets, delicatessens, ethnic food stores, natural food stores, butcher shops, farmers’ markets, fish and seafood retailers, fruit and vegetable retailers, coffee retailers and specialty candy and nuts retailers. (commerce au détail des aliments)

retail petroleum trade

retail petroleum trade means the retail trade of liquid refined petroleum products and liquid alternative fuels. (commerce pétrolier au détail)

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